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Bankruptcy and the Supreme Court is a landmark work that examines all of the U.S. Supreme Court?s bankruptcy decisions since 1898. This comprehensive bankruptcy law reference book is the product of more than seven years of effort by Professor Kenneth N. Klee, of the University of California, Los Angeles, and was sponsored by the American College of Bankruptcy and the American College of Bankruptcy Foundation.

Anyone with involvement in bankruptcy practice should consult this work to gain deeper appreciation of the development of bankruptcy law and to understand bankruptcy in the wider context of Supreme Court practice and jurisprudence.

The work analyzes the Supreme Court's approach to bankruptcy law from six perspectives:
• Chapter 1 looks at the Court as a governmental and political institution.
• Chapter 2 considers how the Court resolves conflicts between bankruptcy law and other areas of state and federal law.
• Chapter 3 discusses the constitutional aspects of bankruptcy law.
• Chapter 4 examines the Court's treatment of the bankruptcy court as a judicial institution.
• Chapter 5 offers a detailed analysis of specific bankruptcy doctrines and policies.
• Chapter 6 addresses some of the bankruptcy cases over the past 111 years in which the Court has sharply changed the course of bankruptcy law; it also includes cases that are the author's personal favorites.

Also included are thorough tables of cases and authorities and a detailed index.

Bankruptcy and the Supreme Court is a landmark work that examines all of the U.S. Supreme Court's bankruptcy decisions since 1898. This comprehensive bankruptcy law reference book is the product of more than seven years of effort by Professor Kenneth N. Klee, of the University of California, Los Angeles, and was sponsored by the American College of Bankruptcy and the American College of Bankruptcy Foundation.

Anyone with involvement in bankruptcy practice should consult this work to gain deeper appreciation of the development of bankruptcy law and to understand bankruptcy in the wider context of Supreme Court practice and jurisprudence.

The work analyzes the Supreme Court's approach to bankruptcy law from six perspectives:
• Chapter 1 looks at the Court as a governmental and political institution.
• Chapter 2 considers how the Court resolves conflicts between bankruptcy law and other areas of state and federal law.
• Chapter 3 discusses the constitutional aspects of bankruptcy law.
• Chapter 4 examines the Court's treatment of the bankruptcy court as a judicial institution.
• Chapter 5 offers a detailed analysis of specific bankruptcy doctrines and policies.
• Chapter 6 addresses some of the bankruptcy cases over the past 111 years in which the Court has sharply changed the course of bankruptcy law; it also includes cases that are the author's personal favorites.

Also included are thorough tables of cases and authorities and a detailed index.

CHAPTER 2 -- THE COURT RESOLVES CONFLICTS BETWEEN BANKRUPTCY LAW AND OTHER AREAS OF STATE AND FEDERAL LAW Introduction Administrative Law Environmental Law Family Law Labor Law Pension Law Probate Law Real Estate Law Tax Law Tax Refunds or Withholdings as Property of the Estate Adjudication of the Trustee’s Duty to File Tax Returns and Pay Taxes Determination of Tax Claims Determination of Tax Priorities Determination of Dischargeability of Tax Claims Disposition of Tax Liens Conclusion

CHAPTER 3 -- BANKRUPTCY AND CONSTITUTIONAL LAW: SOVEREIGN IMMUNITY, FEDERAL PREEMPTION, FEDERALISM, AND THE USE OF STATE LAW IN BANKRUPTCY Introduction Constitutional Law Scope and Constitutionality of The Bankruptcy Power Conflicts with Other Constitutional Provisions The Fifth Amendment Privilege Against Self Incrimination The Takings Clause The Due Process Clause The Seventh Amendment The Tenth Amendment Article III Sovereign Immunity Federal Sovereign Immunity Eleventh Amendment Immunity Constitutional Sovereign Immunity Ex parte Young Relief Federal Preemption and Federalism Preemption Federalism The Use of State Law in Bankruptcy Conclusion

Kenneth N. Klee

Kenneth N. Klee is a founding member of Klee, Tuchin, Bogdanoff & Stern LLP, in Los Angeles, specializing in corporate reorganization, insolvency, and bankruptcy law. He is also a professor at the University of California, Los Angeles School of Law, where he teaches courses in bankruptcy law and Chapter 11 business reorganizations law, and a business simulation/clinical course dedicated to the topic of creating value through the renegotiation of business agreements. He has served as an expert witness in over 40 matters and renders services as an arbitrator or mediator.

Mr. Klee is a fellow of the American College of Bankruptcy, serves as a member of the American Law Institute, and is a founding member of the International Insolvency Institute. He was a member of the executive committee of the National Bankruptcy Conference from 1985 to 1988 and 1992 to 2000 and served as Chair of the National Bankruptcy Conference's legislation committee from 1992 to 2000. Mr. Klee was Associate Counsel, Committee on Judiciary, U.S. House of Representatives 1974-1977, where he was a principal draftsperson of the Bankruptcy Code. From 1992 to 2000, he served as a member of the Advisory Committee on Bankruptcy Rules of the United States Judicial Conference.

Mr. Klee is an author of Bankruptcy and the Supreme Court (LexisNexis), Business Reorganization in Bankruptcy (West 1996; 2d ed. 2001; 3d ed. 2006), and Fundamentals of Bankruptcy Law (ALI-ABA 4th Ed. 1996), and has authored or co-authored 29 law review articles on bankruptcy law. He is a frequent lecturer and panelist on programs for bankruptcy lawyers sponsored by the American Law Institute/American Bar Association.